The appeal is dismissed.

The grounds of appeal are examined.

1. The crime of destroying property under Article 366 of the Criminal Act shall be committed when the property of another person is damaged or concealed or the utility thereof is impaired by any other means with regard to the reasons for appeal against the crime of violation of the Punishment of Violences, etc. Act (damage to joint property

Here, the term "drawing the utility of property" means de facto converting the property into a state in which it can not be provided for its original purpose of use, and includes temporarily converting the property into a state in which it can not be used.

Whether the act of cutting away from the outside of a building constitutes an act of harming the utility of the building or structure, shall be determined in accordance with social norms by comprehensively taking into account all the circumstances such as the purpose and function of the building, the degree of harm to the use and aesthetic view of the building, the influence of the act on the building, the sense and resistance of the building users, the difficulty and cost of restoration to the original state, the purpose and continuity of the act, the situation at the time of the act, etc. (see Supreme Court Decision 2007Do2590, Jun. 28, 2007). The court below installed the steel fence of this case for the purpose of blocking the noise from the construction site, as well as scenic view. The defendant installed the iron fence of this case for the purpose of cutting off other pictures or spacings from among the fences, and the defendant did not permit the act of cutting off each of the forest of this case, the time it is difficult for the victim to manage it, and the defendant did not permit the act of cutting off part of the wall of this case, etc.